Housing and Regeneration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 3 — Housing finance and other provisions
113

266
Other amendments
(1)
In paragraph 11(5B) of Schedule 5 to the Housing Act 1985 (c. 68) (exceptions
to the right to buy for certain accommodation for the elderly: appeals etc. to the
High Court possible by virtue of disapplication of section 231(4) of the Housing
Act 2004 (c. 34)) for “Section 231” substitute “Section 231(1), (2), (3) and (5)”.
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(2)
Subsection (1) does not apply to—
(a)
appeals begun, or cases stated and signed, before the coming into force
of that subsection, or
(b)
rights of appeal, or rights to have a case stated and signed, which have
accrued before that time.
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(3)
In paragraph 5 of Schedule 5A to the Housing Act 1985 (service of initial
demolition notices) for “Schedule 13” substitute “Schedule 5”.
Other
267
Disposals of dwelling-houses by local authorities
Schedule 9 (which makes provision about the requirements for consent for
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disposals of dwelling-houses by local authorities) has effect.
268
Financial assistance for information and other services
In section 94(1) of the Housing Act 1996 (c. 52) (financial assistance for provision of
general legal advice about residential tenancies and advice about estate management
schemes in connection with enfranchisement)—
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(a)
after “person of” insert “information, training or”, and
(b)
after “about” insert “, or a dispute resolution service in connection with”.
Chapter 3
Housing finance and other provisions
Housing Revenue Account subsidy
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269
Exclusions from subsidy arrangements
(1)
After section 80A of the Local Government and Housing Act 1989 (c. 42)
(housing finance: Housing Revenue Account subsidy) insert—
“80B
Agreements to exclude certain authorities or property
(1)
Subsection (2) applies if an agreement is in force between the
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appropriate person and a local housing authority for sections 79 to 80A
not to apply in relation to—
(a)
the authority; or
(b)
specified property, or specified descriptions of property, of the
authority.
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(2)
Sections 79 to 80A do not apply in relation to the authority or (as the case may
be) property for each year provided for in the agreement.

Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 3 — Housing finance and other provisions
114

(3)
Such an agreement may, in particular, contain terms and conditions
about—
(a)
the period of years for which sections 79 to 80A are not to apply
(whether a fixed or indefinite period);
(b)
payments to the authority by the appropriate person or by the
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authority to the appropriate person;
(c)
the levels of rent for specified property or specified descriptions
of property (in the case of an agreement of the kind mentioned
in subsection (1)(b));
(d)
the provision of information;
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(e)
the variation or termination of the agreement (whether on the
occurrence of particular events, at the discretion of the
appropriate person or otherwise).
(4)
The appropriate person may give directions about supplementary,
incidental, consequential or transitional matters relating to the
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variation or termination of an agreement of the kind mentioned in
subsection (1).
(5)
Such directions may not override any provision made on the subject by
the agreement unless the directions are given with the consent of the
local housing authority concerned.
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(6)
The provision made by the directions or the agreement may, in
particular, include transitional provision about the terms and
conditions on which the authority or (as the case may be) property is to
become subject to sections 79 to 80A after the termination of the
agreement.
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(7)
This section does not restrict the circumstances in which Housing
Revenue Account subsidy is otherwise not payable to a local housing
authority, or in respect of particular property, by virtue of this Part.
(8)
In this section—
“property” means land, houses, dwellings, buildings or property
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of a kind falling within paragraphs (a) to (f) of section 74(1)
(property within the Housing Revenue Account); and includes
future property;
“specified, in relation to an agreement, means specified in the
agreement.”
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(2)
In section 88(1)(aa)(ii) of that Act (construction of Part 6: meaning of
“appropriate person”) for “National Assembly for Wales” substitute “Welsh
Ministers”.
(3)
In Part 3 of Schedule 4 to that Act (the keeping of the Housing Revenue
Account: special cases) in paragraph 2—
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(a)
at the beginning insert “(1)”, and
(b)
at the end insert—
    “(2)
Sub-paragraph (1) does not apply to a local housing authority
in respect of a year if, by virtue of section 80B(2), sections 79
to 80A do not apply in relation to the authority for that year.”
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Housing and Regeneration Bill
Part 3 — Other provisions
Chapter 3 — Housing finance and other provisions
115

Homelessness and allocation of housing
270
Armed forces: homelessness and allocation of housing
In section 199 of the Housing Act 1996 (c. 52) (local connection test for
homelessness and housing allocation purposes: different treatment of armed
forces) omit—
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(a)
subsection (2),
(b)
in subsection (3), paragraph (a) and the “or” following it,
(c)
subsection (4), and
(d)
in subsection (5), the word “other”.
Other
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271
Building regulations: time limit for prosecutions
(1)
Section 35A of the Building Act 1984 (c. 55) (time limit for prosecution for
contravention of certain building regulations) is amended as follows.
(2)
In the heading omit “certain”.
(3)
In subsection (1) for “a relevant offence” substitute “an offence under section
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35 above”.
(4)
Omit subsections (2), (3) and (6).
(5)
Subsections (1) to (4) above do not apply to offences committed before the
coming into force of this section.
272
Protected mobile home sites to include sites for gypsies and travellers
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In section 5(1) of the Mobile Homes Act 1983 (c. 34) (interpretation), in the
definition of “protected site”, omit the words from “does not include” to
“that,”.
273
Financial assistance for certain services about commonhold
(1)
Section 62 of the Commonhold and Leasehold Reform Act 2002 (c. 15) (financial
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assistance for general advice about an aspect of the law of commonhold land so far as
relating to residential matters) is amended as follows.
(2)
In subsection (1)—
(a)
after “person of” insert “information, training or”, and
(b)
for “about an” substitute “about, or a dispute resolution service in connection
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with, any”.
(3)
After subsection (1) insert—
“(1A)
Financial assistance under this section may, in particular, be given in relation
to the provision of advice which is connected to advice of the kind mentioned in
subsection (1) but which is about an aspect of the law of freehold land so far as
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relating to residential matters.”

Housing and Regeneration Bill
Part 4 — Supplementary and final provisions
116

Part 4
Supplementary and final provisions
274
Orders and regulations
(1)
The power of the Secretary of State, the Treasury or the Welsh Ministers to
make orders or regulations under this Act—
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(a)
is exercisable by statutory instrument,
(b)
may be exercised so as to make provision generally or subject to
exceptions or only in relation to specified cases or circumstances or
descriptions of case,
(c)
may be exercised so as to make different provision for different cases or
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descriptions of case, different circumstances, different purposes or
different areas, and
(d)
includes power to make supplementary, incidental, consequential,
transitional, transitory or saving provision.
(2)
Subsection (1) does not apply to orders under—
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(a)
section 17,
(b)
paragraph 3 of Schedule 3, or
(c)
Schedule 4.
(3)
An instrument containing—
(a)
an order of the Secretary of State under section 275,
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(b)
regulations under section 69 or 71, or
(c)
regulations of the Secretary of State under section 243(3) or 254,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(4)
An instrument containing an order under section 26 may not be made unless a
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draft of the instrument has been laid before, and approved by a resolution of,
the House of Commons.
(5)
An instrument containing—
(a)
an order under section 13 or 39 or Part 2,
(b)
regulations under Part 2,
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(c)
regulations of the Secretary of State under Chapter 1 of Part 3
(including Schedule 8 but excluding sections 243(3) and 254),
(d)
regulations of the Secretary of State under section 261, or
(e)
regulations under Part 3 of Schedule 3,

is subject to annulment in pursuance of a resolution of either House of
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Parliament.
(6)
An instrument containing an order of the Welsh Ministers under section 275 or
regulations of the Welsh Ministers under section 243(3) or 254 may not be made
unless a draft of the instrument has been laid before, and approved by a
resolution of, the National Assembly for Wales.
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(7)
An instrument containing regulations of the Welsh Ministers under Chapter 1
of Part 3 (including Schedule 8 but excluding sections 243(3) and 254) or section
261 is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.